Johnson v. Holmes

5 Citing cases

  1. Glover v. RDU Airport Auth.

    5:23-CV-704-M (E.D.N.C. Nov. 18, 2024)

    The Equal Protection Clause also “prohibits police officers from selectively enforcing laws based on race.” Ogunsula v. Md. State Police, No. CV ELH-20-2568, 2021 WL 6105503, at *29 (D. Md. Dec. 23, 2021) (quoting Johnson v. Holmes, 782 Fed.Appx. 269, 276-77 (4th Cir. 2019) (citing Whren v. United States, 517 U.S. 806, 813 (1996))), reconsideration denied, No. CV ELH-20-2568, 2022 WL 3290713 (D. Md. Aug. 11, 2022).

  2. Thompson v. Badgujar

    Civ. DLB-20-1272 (D. Md. Sep. 29, 2023)   Cited 4 times

    The standard for proving selective prosecution claims against prosecutors also applies to selective enforcement claims against police officers when a plaintiff alleges an officer made an enforcement decision on the basis of race. Johnson v. Holmes, 782 Fed.Appx. 269, 276-77 (4th Cir. 2019) (holding Equal Protection Clause prohibits police officers “from selectively enforcing laws based on race”) (citing Whren v. United States, 517 U.S. 806, 813 (1996));

  3. Ogunsula v. Md. State Police

    Civil Action ELH-20-2568 (D. Md. Aug. 11, 2022)   Cited 5 times

    To state a selective enforcement claim, the plaintiff must allege that she was subjected to conduct that “(1) was motivated by a discriminatory intent; and (2) had a discriminatory effect.” Johnson v. Holmes, 782 Fed. App'x 269, 277 (4th Cir. 2019) (citing United States v. Armstrong, 517 U.S. 456, 465 (1996) and Cent. Radio Co. v. Cty. of Norfolk, 811 F.3d 625, 634-35 (4th Cir. 2016)). In effect, “a plaintiff must show not only that similarly situated individuals were treated differently, but that there was ‘clear and intentional discrimination.'” Cent. Radio Co., 811 F.3d at 635 (quoting Sylvia Dev. Corp. v. Calvert Cty., Md., 48 F.3d 810, 825 (4th Cir. 1995)).

  4. Ogunsula v. Md. State Police

    Civil Action ELH-20-2568 (D. Md. Dec. 23, 2021)   Cited 9 times

    This guarantee “is essentially a direction that all persons similarly situated should be treated alike.” City of Cleburne v. Cleburne Living Ctr., 473 U.S. 432, 439 (1985). And, of import here, the Equal Protection Clause “prohibits police officers from selectively enforcing laws based on race.” Johnson v. Holmes, 782 Fed.Appx. 269, 276-77 (4th Cir. 2019) (citing Whren v. United States, 517 U.S. 806, 813 (1996)).

  5. Maho v. Hankins

    Civ. No. 19-182 KK/SCY (D.N.M. May. 19, 2020)

    "A plaintiff may make this showing by (1) naming similarly situated individuals of a different race who were treated differently by law enforcement; or (2) providing statistics that address this question." Johnson v. Holmes, 782 F. App'x 269, 277 (4th Cir. 2019); see Blackwell, 496 F. App'x at 839 ("Statistical evidence can be used to show . . . discriminatory effect[.]"). A defendant's alleged "discriminatory purpose," in turn, "need not be the only purpose, but it must be a motivating factor in the decision" the plaintiff has challenged.